Holliday v. Holliday
Supreme Court of Iowa
Appeal from Lee District Court. IN Equity. The bill alleges that complainant purchased of one Torrence two lots in the city of Keokuk, that he paid for them and took the title in the name of his wife; that the wife died leaving six minor children, and that they as her heirs hold the title, in part, to those lots ; that she held this title in trust for complainant, and that they take it in the same manner or subject to the same trust.
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Appeal from Lee District Court. IN Equity. The bill alleges that complainant purchased of one Torrence two lots in the city of Keokuk, that he paid for them and took the title in the name of his wife; that the wife died leaving six minor children, and that they as her heirs hold the title, in part, to those lots ; that she held this title in trust for complainant, and that they take it in the same manner or subject to the same trust. The prayer is that said children convey the legal title to complainant, and for general relief. The children answer by guardian, neither denying or admitting the…
1Opinion of the CourtWright, C. J.
The testimony sufficiently shows that the lots were purchased by the husband, that he paid the purchase money, and had them conveyed to his wife. It is further shown, however, that the conveyance was thus made at the instance and request of complainant to place them beyond legal process, if he should be prosecuted upon a certain demand, which he regarded as unjust.
The maxim, in pari delicto melior est conditio possidentis et dependentes, is to be resjiected, and when applied is fatal to complainant’s case. A conveyance made, or procured to be made, to defraud creditors, will not be set aside…
2Cited by9 opinions
- Shaw v. AddisonSupreme Court of Iowa · 1947
- Stephens v. Heirs of HarrowSupreme Court of Iowa · 1868
- Fulton v. McCulloughSupreme Court of Iowa · 1943
- Withrow v. National Surety Co.California Court of Appeal · 1932
- Hall v. LinkenaugerWest Virginia Supreme Court · 1928
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